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Patent Filing in Australia

Australia is a member of the Patent co-operation Treaty and Paris Convention. Patent applications can be filed in Australia through the PCT route or by filing directly as a conventional application.

Term of the Patent: 20 years from the filing date

Patent Office: Australian Intellectual Property Office

 

Paradigm to obtain a patent in Australia:-
  • Patent Filing
  • Publication
  • Formal examination within 36 months from date of filing
  • Compliance with the Office action either with written statement or hearing
  • Acceptance(notice of allowance) or rejection
  • Annuities have to be paid after the fifth year of the PCT International date or the international date becomes, upon grant of a Letters Patent on the application, the registration date of the Letters Patent, the full term of the Letters Patent being 20 years from the registration date.
Documents required for filing of Patent Application in Australia

1. PCT National phase application

  • WIPO Publication
  • International Search Report
  • International Preliminary Examination Report (optional)
  • English translation if application was not in English language
  • Preliminary Examination report (Chapter II)

2. Convention Application under Paris Convention

  • Complete specification
  • Drawings (if any)
  • Abstract
  • Certified copy of the priority document (s)
  • English translation of the priority documents
  • Assignment if applicant is different from the inventor
Remarks:
  • Voluntary amendments made before examination is requested, incur an additional government fee.
  • Timeline for entry into National phase in Australia is 31 months
  • Timeline for filing a conventional application in Australia is 12 months